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Cimato Bros. v. Town of Pendleton

254 A.D.2d 696 Court N.Y. App. Div. Decision date 1998-10-02 Docket Appeal No. 2 English

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p. 696
Cimato Bros., Inc., Respondent, v Town of Pendleton, Appellant, et al., Defendant.
(Appeal No. 2.)
[677 NYS2d 923]

Appeal unanimously dismissed without costs. Memorandum: Defendant Town of Pendleton appeals from an order denying its motion to renew its opposition to plaintiff’s motion for summary judgment. In view of our decision in Cimato Bros, v Town of Pendleton ( 254 AD2d 695 [decided herewith]), this appeal is moot. (Appeal from Order of Supreme Court, Niagara County, Fahey, J. — Renewal.) Present — Denman, P. J., Pine, Wisner, Balio and Fallon, JJ.